I, Marcus L. Midgett, of the county of Dare and state of North
Carolina, being of sound mind and memory, but considering the uncertainty of
my earthly existence, do make and declare this my last will and testament in
manner and form following, that is to say,

First: That my executors (hereinafter named) shall provide for
my body a decent burial suitable to the wishes of my relations and friends and
pay all funeral expenses, together with my just debts, including the tuition
of my daughters, Dora and Nannie, at the school in which they
are now entered for the present school term, howsoever and to whomsoever owing
out of the moneys that may first come into their hands as a part or parcel of
my estate.

Item: I desire and request that my executors shall lay off
with metes & bounds four lots or parcels of land on the north side of the road
leading out from the wharf, now owned & belonging to the Old Division Steam
Ship Company, beginning at the North west corner of the Ice House and fronting
twenty-five yards each and running northerly back to my North line. And I give
and bequeath to my sons Louis Napoleon, Charles L. and Robert
Seldon, Each one of these said lots or parcels of land. Also I give and
bequeath to my daughter, Allie F. Twine, one of the said lots or
parcels of land to be chosen and valued by them and to Each as they may see
proper, one paying to the others such difference of value in the said lot
chosen as they shall desire fair, just and reasonable, to them, the said
Louis Napoleon, Charles L.,Robert S. and Allie F.,
to have and to hold the same, to them and their heirs, separately, in fee
simple, forever.

I also give & bequeath to my sons, Louis N., Charles
L. & Robert Seldon and to my daughter Allie, a right of way
and privilege over its marsh, a width of thirty yards on each side of the
wharf to pass to & from the water to the high land, and build such fish houses
for their individual use as they may desire, but neither of them shall have
power to sell or lease any part of said marsh or privilege over the same to
anyone except from one to the other.

Item: I give & bequeath to my sons, Columbus C. Midgett,
Louis N. Midgett, Charles L. Midgett and Robert Seldon
Midgett, my tract of land upon which I now live and reside, to be divided
in manner following, that is to say,

That my son, Columbus C. shall have the lot or parcel
of land upon which my dwelling house now stands, together with all the
outhouses and buildings on said lot and the land surrounding said dwelling
house except the land upon which the Ice House now stands and the lots of land
devised in a former item, including the cleared highland woods land, of equal
portion or value with the land hereinafter bequeathed to my sons, Louis N.,
Charles L. and Robert Seldon.

That my son, Louis N., shall have the land upon which
his dwelling house now stands and the land surrounding or near it, including
high cleared and woods land of equal portion or value with my son, Columbus
C. Midgett.

That my son, Charles L., shall have the land upon which
his dwelling house now stands and the land surrounding or near it, including
high cleared and woodland of equal portion or value with my sons, Columbus
C. and Louis N. Midgett.

That my son, Robert S., shall have the land upon which
his dwelling house now stands and the land surrounding or near it, including
high cleared and woodland, of equal portion or value with my sons, Columbus
C., Louis N. & Charles L. Midgett. It is my desire that
they, the said Columbus C., Louis N., Charles L. and
Robert Seldon, shall lay off the lots and parcels of land, hereinbefore
described & bequeathed to them, as homesteads, with metes & bounds, having a
due regard for an equal value & share of the same due to each other.

Item: I give and bequeath to my daughter, Nannie, one
hundred and fifty dollars, to be paid to her at the age of eighteen years, in
full, by my son, Louis N., for her share, right and title in the land
herein bequeathed to my sons, Louis N., Charles L., Robert
Seldon and Columbus C. Midgett. It is also my request that my son,
Louis N., shall pay out of the money directed to be paid by him to my
daughter, Nannie, for her clothing & tuition, such amounts as he may
deem proper and reasonable, before she arrives at the age of eighteen years,
and she shall have a right and title in the land herein devised to my son
Louis N. until she be paid in full.

Item: I give and bequeath to my daughter, Dora, the sum
of one hundred and fifty dollars to be paid her at the age of eighteen years,
in full, by my son, Robert S., for her share, right and title in the
land herein bequeathed to my sons, Louis N., Charles L.,
Robert Seldon and Columbus C. Midgett. It is my request that my son
Robert S. shall pay out the money directed to be paid by him to my
daughter, Dora, for her clothing & tuition, in such amounts as he may
deem proper and reasonable, before she arrives at the age of eighteen years,
and she shall have a right and title in the land herein devised to my son,
Robert S., until she be paid in full.

Item: I give and bequeath to my daughter Maggie, one
hundred and fifty dollars, to be paid to her at the age of eighteen years or
in sums as she may desire and need, by my son, Columbus C., for her
share, right and title in the land herein bequeathed to my sons, Louis N.,
Charles L., Robert Seldon and Columbus C. Midgett, and she
shall have a right and claim upon the land herein devised to my son,
Columbus C., until she be paid in full.

Item: I give and bequeath to my daughter, Allie F. Twine,
one hundred and fifty dollars to be paid to her by my son, Charles L.,
as soon as he can do so, and the same shall be her share, right and title in
the land herein devised to my sons, Louis N., Charles L.,
Robert Seldon and Columbus Midgett, and she shall have a right and
title in the land devised to my son, Charles L. Midgett, until she be
paid in full.

Item: I give and bequeath to my sons, Louis N.,
Charles L., Robert Seldon and Columbus C. and to my
daughter, Allie, shall have an equal interest in the Ice House and the
land upon which it stands, share & share alike, to them and their heirs
forever.

I desire that my personal property remaining on hand after
paying my just debts and funeral expenses shall be valued at a fair valuation
or sold at private sale by my executors and the total amount of sales or
valuation of the same be equally divided between my sons and daughters, viz.--Louis
N., Charles L., Robert Seldon, Columbus C., Allie
F., Maggie, Dora and Nannie, share and share alike, to them
and their heirs forever.

Item: My will and desire is that all the residue of my estate
after taking out the devises and legacies above mentioned, shall be sold and
the debts owing to me collected and if there should be any surplus over and
above the payment of my debts and expenses that such surplus shall be equally
divided and paid over to my children of full age and to those of whom that are
under age, I have directed to hold the moneys due them until they are of age,
all shall, of my children, in equal portion, share and share alike, to them
and each and every of them, their executors, administrators, heirs and
assigns, absolutely forever.

And lastly I do hereby constitute and appoint my sons,
Louis N. and Charles L. Midgett, my lawful executors to all intents
and purposes to execute this, my last will and testament, without giving any
bond according to the true intent and meaning of the same and every part and
clause thereof, hereby revoking and declaring utterly void all other wills and
testaments by me heretofore made.

In witness whereof I, the said Marcus L. Midgett, do
hereunto set my hand and seal this the 21st day of November 1888.
/s/ M.L. Midgett

Signed, sealed, published and declared by the said Marcus L. Midgett to
be his last will and testament in the presence of us, who, at his request and
in his presence, do subscribe our names as witnesses thereto.
/s/ D.W. Etheridge
Ellen M. Johnson

State of North Carolina}
Dare County } SS. In the Superior Court
A paper writing purporting to be the last Will and Testament of Marcus
L. Midgett, deceased, is exhibited before me the undersigned Clerk of
Court for said county by L.N. Midgett and Charles L. Midgett,
the executors therein mentioned, and the due execution thereof by the said
Marcus L. Midgett deceased by the oath and examination of D.W.
Etheridge and Ellen M. Johnson, the subscribing witness thereto,
who being duly sworn, doth depose and say, and each for himself deposeth and
saith, that he is a subscribing witness to the paper writing now shown him
purporting to be the last will and testament of Marcus L. Midgett,
dec'd, that the said Marcus L. Midgett in the presence of this deponent
subscribed his name at the end of said paper writing which is now shown as
aforesaid and which bears date of the 21st day of November 1888.
And the Deponent further saith, That the said Marcus L. Midgett,
the testator aforesaid, did at the time of Subscribing his name as aforesaid,
declare the said paper writing so subscribed by him and Exhibited to be his
last will and testament. And this deponent did thereupon subscribe his name
at the end of said will as attesting witness thereto, and at the request and
in the presence of the said testator. And this deponent further saith that at
the said time when the said testator subscribed his name to the said last will
as aforesaid, and at the time of deponent's subscribing his name as an
attesting witness thereto as aforesaid the said Marcus L. Midgett was
of sound mind and memory, of full age to execute a will, and was not under any
restraint to the knowledge, information or belief of this deponent. And
further these deponents say not.
/s/ D.W. Etheridge
Ellen M. Johnson

Severally sworn and Subscribed before me this 19th
day of January 1889 before me
/s/ John W. Evans, C.S.C.

NOTE: Marcus Lafayette Midgett
was born in Stumpy Point, Tyrrell Co., NC on Nov. 10, 1839 and died on Roanoke
Island January 12, 1889. He married Elizabeth "Betsy" Mason from Stumpy
Point and they raised nine children, all but one having lived to adulthood.
Custom House records indicate he was Master of the sloop Manteo.
He was appointed Lighthouse Keeper of the Oregon Inlet Lighthouse on March 10,
1879 and remained there until his death in 1889. His death notice appeared in
The North Carolinian on Wednesday, March 6, 1889--Capt. Marcus L. Midgett departed this life in Jan. 1889.

This will was transcribed by
Kay Midgett Sheppard. No part of
this document may be used for any commercial purposes. However, please feel
free to copy any of this material for your own personal use and family
research. If you find anything in these records that pertains to your
families, it is strongly suggested that you look at the original record on
your own to check for errors or possibly other additional and helpful
information.